Get a DUI Expungement in Metropolitan Courthouse

dui expungement in metropolitan courthouseWhat is a DUI Expungement in Metropolitan Courthouse?

A DUI expungement in Metropolitan Courthouse (in Los Angeles, California) refers to clearing a DUI conviction received in that court. Metropolitan Courthouse, also known as “Metro Court” is the largest courthouse in all of Los Angeles County. The court is located at 1945 South Hill Street, Los Angeles, CA, 90007.

Metro court hears criminal and Los Angeles traffic ticket matters. If you received a DUI conviction in Metro Court, either because you plead guilty, no contest, or were found guilty at trial, then the DUI conviction will appear on your criminal record.

The good news is, a DUI expungement will clear your criminal record, pursuant to Penal Code 1203.4. The purpose of PC 1203.4 is to make it possible for you to not be haunted by your criminal record, and to ensure you are not a victim of discrimination or bias by an employer because of your criminal record.

In fact, California Labor Code 432.7 expressly prevents employers from asking about your DUI conviction, and prevents employers from discriminating against you based on a conviction which has been expunged pursuant to California Penal Code 1203.4.

Once your case is expunged, you don’t have to disclose it when asked about it, and can behave as if it never existed.

(*Note: There are three exceptions to the non-disclosure rule.)

An additional benefit of a DUI expungement in Metropolitan Courthouse is that you will not be prevented from crossing the US border into Canada. Believe it or not, the Canadian government wants you to get an expungement of your DUI before allowing you admittance into their country.

How Do I Obtain a DUI Expungement in Metropolitan Courthouse?

In order to get a DUI expungement in Metropolitan Courthouse, you have to file a motion at the specific courthouse. A “motion” is a formal legal method of asking a judge to do something on your behalf.

Eligibility

Most DUI convictions are misdemeanors, meaning they are punishable by time in jail and/ or fines only (no State prison). If yours was a misdemeanor conviction, then you’ll be entitled to all of the protections afforded you under Penal Code 1203.4, once you have an expunged misdemeanor.

Some DUI convictions are felonies. A felony is punishable, potentially, by time in prison. If you were convicted of a DUI as a felony, then you are ineligible for expungement if you served time in State prison.

However, often after receiving a felony DUI conviction, the judge will only sentence you to jail instead of State prison. If you served time in jail rather than in State prison, then you are still eligible for a felony expungement.

You are also not eligible for a DUI expungement if you are currently on probation for any offense (including the case you want expunged), if you are serving a sentence for any offense, or if you have any pending criminal charges against you for any offense.

Process

Every courthouse in Los Angeles County has a slightly different procedure. In Metro Court, you need to:

  1. draft and file your motion;
  2. serve your motion on the prosecutor in a timely manner;
  3. appear in court to argue your motion (in some cases);
  4. convince the judge to grant your motion.

Sometimes it is not worth the time spent to handle your expungement your own, in which case an expungement attorney can prove to be a valuable asset to you.

Get Help Filing Your DUI Expungement in Metropolitan Courthouse

Sometimes you are entitled to an expungement “as a matter of law,” meaning the court lacks discretion to deny your motion. However, these cases are still denied where you have failed to file your motion correctly.

In other cases, such as when you violated your probation while serving it, you have to convince the judge to grant your motion in the interest of justice.

As expungement lawyers, we serve our clients by doing the dirty work for them. We have knowledge, expertise, and experience when it comes to getting a DUI expungement in Metropolitan courthouse.

For a free consultation with me personally, you can reach me here:

Read More: Clear Criminal Record

 

By |2018-07-11T17:13:27+00:00February 22nd, 2018|

About the Author:

Paul Denni is the Founder and Managing Attorney at California Legal Defense, Inc. He blogs about legal issues affecting his clients.